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Pro-rata side letter to Investment agreement
I need a pro-rata side letter to an investment agreement that outlines the proportional allocation of investment returns and obligations among investors, ensuring that each party's rights and responsibilities are clearly defined based on their respective contributions. The document should include provisions for adjustments in case of additional investments or changes in ownership percentages.
What is a Property Management Agreement?
A Property Management Agreement sets out the legal relationship between a property owner and the professional property manager they hire to look after their rental property in New Zealand. It spells out exactly what the property manager will handle - from finding and screening tenants to collecting rent and organizing repairs.
Under the Residential Tenancies Act, this binding contract details important items like management fees, the scope of services, and how maintenance decisions will be made. It protects both parties by clearly stating their rights and responsibilities, including how the agreement can be ended and what happens if either side fails to meet their obligations.
When should you use a Property Management Agreement?
Get a Property Management Agreement in place before handing over your rental property to a professional manager. This becomes essential when you lack the time, expertise, or local presence to manage tenants and maintain the property yourself - especially if you own multiple properties or live outside the immediate area.
The agreement proves particularly valuable when dealing with complex tenant situations, maintenance schedules, or regulatory compliance under NZ's tenancy laws. It creates clear accountability and protects your interests by establishing professional standards for rent collection, property inspections, maintenance decisions, and tenant communications.
What are the different types of Property Management Agreement?
- Property Management Contract Agreement: Standard comprehensive agreement covering long-term residential properties, including full service management of tenant relations, maintenance, and financial duties
- Short Term Rental Property Management Agreement: Specialized for holiday homes and Airbnb-style rentals, with provisions for frequent tenant turnover and higher-touch service requirements
- Lease Management Contract: Focused primarily on lease administration and tenant oversight, with reduced scope for maintenance and property services
Who should typically use a Property Management Agreement?
- Property Owners: Individuals or companies who own rental properties and want professional management, including overseas investors needing local representation
- Property Management Companies: Licensed firms that provide professional property management services, handling day-to-day operations and tenant relations
- Legal Advisors: Lawyers who draft and review agreements to ensure compliance with NZ property laws and protect their clients' interests
- Property Managers: Individual agents who work within management companies and directly handle property oversight
- Real Estate Agencies: Firms that offer property management as part of their broader services to property investors
How do you write a Property Management Agreement?
- Property Details: Gather complete property information including address, size, features, and current condition documentation
- Service Scope: Define exact services needed - from basic tenant management to full property maintenance
- Fee Structure: Determine management fees, additional service charges, and payment terms
- Authority Limits: Decide spending thresholds for repairs and maintenance that don't need owner approval
- Legal Requirements: Check current NZ tenancy laws and local council regulations affecting the property
- Contact Information: List all parties' details, including emergency contacts and preferred communication methods
What should be included in a Property Management Agreement?
- Party Details: Full legal names, addresses, and contact information for property owner and management company
- Property Information: Complete property description, location, and any specific inclusions or exclusions
- Service Scope: Detailed outline of management duties, responsibilities, and authority levels
- Fee Structure: Clear breakdown of management fees, additional charges, and payment terms
- Term and Termination: Agreement duration, renewal options, and termination conditions
- Liability Provisions: Insurance requirements, indemnification clauses, and risk allocation
- Dispute Resolution: Process for handling disagreements under NZ law
What's the difference between a Property Management Agreement and a Facilities Management Agreement?
A Property Management Agreement differs significantly from a Facilities Management Agreement in both scope and purpose. While they may seem similar at first glance, their applications and legal implications are quite distinct in New Zealand's property sector.
- Service Focus: Property Management Agreements center on tenant relations, rent collection, and residential property oversight, while Facilities Management Agreement deals with maintaining building systems, infrastructure, and commercial spaces
- Legal Framework: Property Management operates under the Residential Tenancies Act, focusing on tenant rights and landlord obligations. Facilities Management follows commercial property and health and safety regulations
- Financial Structure: Property Management typically involves percentage-based fees from rental income, while Facilities Management usually operates on fixed-fee or cost-plus contracts
- Operational Scope: Property Managers handle tenant screening, lease enforcement, and basic maintenance. Facility Managers focus on technical systems, workplace safety, and complex building operations
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